New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-02
TIE INDICTMENT AGAINST KISSANE.
RECORDER sMYTH IN DOUBT WHETHER TO AGREE
TO NOLLE PROsEQUI

RECORDER sMYIH IN DOUBT WHETHER TO AGREE
ToA NoLLE PRosEQUI.
LAWYERS argued about the for an hour or two
Yesterday before Recorder smyth but little progress was
made in travelling the mystery surrounding the pres
ant maine Of william Kissane whose Indictment thirty
hree wears old has beer the subject OF discussion In and
about the Court General Sessions for the last few days
J. b. Hart, the San Francisco lawyer, who represents
Kissane, renewed his motion that nole prosequi DC
,ntered on the indictment He said that kisssne had
repen ed long ago and for many years had lea respect
able and honorable life He urged that the charge De
not kept longer hanging over DIS beao'
The Resorass am ready o., asaI iTG@ h BANK
Mr. MARITIME took nearly the view OF the case as
Mr. Hart lie suggested that rs the Indictment was
nr one Of he offences Committed about the time,
there little in keeping this Indictment against
secoant In sentencing Kissanc he was now living re-
spectacle e there was no benefit In holding his cnage
against him He said and Recorder snyth agreed that
there was doubt whether sentence would be proper
II Kissane 10 acknowledge IN opel court tna'
Thought that ought receive further assurances that
Ksans was alive and was an be CbeDca Bank
said that position taken by the bank wa: that II Ms
formed aud If he was wealthy, had been asserted he
ought at least to be willing to make restitution me
$4,000 and the loss had never been made good
Lx.Judge Busted. who was ono OF the lawyers WHO
tis in 1854 told the Recorder that the indictment con
ecrops the Chemical Bank forgery was before he Coer
for time Kssane was sentenced TX
Recorder james Smith. who is stu living passed sen
teDce upon Kissane and exJudge sedgwck was the as
sstant who with District Attorney Oakley Hall prose
cued the case. Mr.. Busteed gave his version Of we
crime saving that Charles Bishop alias Fnay was the
principal criminal but allowed to turn states ev-
dence Cole WAS tried four umes' out the jury ne'o'
agreed. , A., .,... -, A. ,,a,
ter:
do not think that noue prosequ be entered In THIS
ease As OF course The Attorney has made
soue entitled great deal OF weight
ouch Indictment thirty three years
old that passed that the prisoner has been
hardened by tho state York. ana that
the exercised his prerogatvo Tor GOOD
AID S DO that this man concealed
himself for OF this Indictment and that fact
~ made apparent should refuse TO grant nolle
OYoee1u OF tis must have something that Will
Satsfy me that ksans the who was tried here thirty
Shrse what ais occupation 10 In the place where ne
4 now residing indeed full particulars about HIM must
slso produced 10 power OF attorney or some ohr
authority that you Mr. Hart empowered TO act oi nun
These furnished and IN the meantime
] viii bold the papers .
Mr. MARITIME said that II Kissaue were present he should
b greatly In doubt as to whether he ought 10 move or
sentence.
Tho Recorder-Tha, may have the evidence
S,aS the land that he Is living, and
something In tho shape OF power OF attorney
Mr. Hart said that he would furnish the desired inor
nation.